Do landlords need a legionella risk assessment?
Updated · UK law and HSE guidance
Short answer
Yes. A landlord must assess and control tenants' risk of exposure to legionella, but a typical domestic system may need only a simple, proportionate assessment. Landlords can assess it themselves if competent. The law does not require a legionella test certificate or an automatic annual or two-year reassessment.
| Duty | Assess and control tenant exposure risk |
|---|---|
| Professional assessor | Not mandatory if the landlord is competent |
| Routine sampling | Usually unnecessary for domestic hot and cold water systems |
| Test certificate | Not required by health and safety law |
| Fixed review period | No annual or biennial legal rule |
| Vacant outlets | Use at least weekly as a general principle |
Assess the actual water system
Map hot and cold water storage, heaters, pipework and outlets. Consider whether water can stagnate, temperatures can support bacterial growth, debris or scale provides nutrients, aerosols can be produced and susceptible people may be exposed. Many small domestic systems are low risk because mains-fed cold water and regular use create good turnover, but that conclusion should follow an assessment.
- Check for dead legs, infrequently used outlets and stored water
- Record who is responsible for controls
- Escalate complex systems or uncertainty to a competent person
Apply proportionate controls
Keep hot water hot, cold water cold and water moving. HSE gives setting a hot-water cylinder to store water at 60°C as an example control. Flush the system before letting, keep cold-water tanks covered and manage vacant properties to prevent stagnation. As a general principle, use outlets at least weekly during non-occupancy or establish another suitable regime.
- Warn tenants about any necessary flushing and scald controls
- Maintain and inspect the system
- Do not replace control with unnecessary routine sampling
Record and review
A domestic landlord is not automatically subject to the five-employee recording threshold, but keeping a concise record is sensible evidence. Review periodically and when occupancy, pipework, heating, storage, use or other conditions change. HSE explicitly says the law does not prescribe annual or biennial review and does not require a legionella test certificate. Note inspection findings and remedial work. SitePaper can generate a proportionate landlord assessment for competent review.
- Update controls after void periods or system alteration
- Give tenants clear information about maintaining flow
- Investigate temperature or stagnation concerns promptly
Sources
- HSE: Legionella and landlords' responsibilities
- HSE: Identify and assess legionella risk
- HSE: Managing legionella risk
This guide summarises UK law and HSE guidance for small businesses. It is not legal advice; check the sources and your own circumstances.